Appendix C: Unified Text of Warsaw Convention, as amended by the Hague Protocol and Montreal Protocol No. 4

• Author: John D. Holding
• Pages: 167-186

Appendix C: Unified Text of Warsaw

Convention, as amended by the Hague

Protocol and Montreal Protocol No. 4*

WARSAW CONVENTION,11929,

AS AMENDED AT THE HAGUE, 19552

AND BY PROTOCOL NO. 4 OF MONTREAL, 19753

unified text

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* This text is found in the IATA publication Essential Documents on Internation-

al Air Carrier Liability, 2d ed. (January 2004). Reprinted with permission.

1 The French text is the only authoritative text of the Warsaw Convention; a

copy is at Section 5.1 of this booklet. The translation presented here is that

followed by the United Kingdom [Carriage by Air Act 1961]. The transla-

tion currently used in the United States is at Section 5.4. [PN]

2 ICAO Doc. 7632. Done in three authentic texts in the English, French and

Spanish languages. In the case of any inconsistency, the text in the French

language, in which language the Warsaw Convention was drawn up, shall

prevail. [PN]

3 ICAO Doc. 9148. Done in four authentic texts in the English, French,

Russian and Spanish languages. In the case of any inconsistency, the text

in the French language, in which language the Warsaw Convention was

drawn up, shall prevail. [PN]

CHAPTER I

Scope — Definitions

Article 1

1. This Convention applies to all international carriage of per-

sons, baggage, or cargo performed by aircraft for reward. It applies

equally to gratuitous carriage by aircraft performed by an air trans-

port undertaking.

2. For the purposes of this Convention, the expression inter-

national carriage means any carriage in which, according to the

agreement between the parties, the place of departure and the

place of destination, whether or not there be a break in the car-

riage or a transhipment, are situated either within the territories

of two High Contracting Parties or within the territory of a single

High Contracting Party if there is an agreed stopping place within

the territory of another State, even if that State is not a High Con-

tracting Party. Carriage between two points within the territory of

a single High Contracting Party without an agreed stopping place

within the territory of another State is not international carriage

for the purposes of this Convention.

3. Carriage to be performed by several successive air carriers is

deemed, for the purposes of this Convention, to be one undivided

carriage if it has been regarded by the parties as a single operation,

whether it had been agreed upon under the form of a single con-

tract or of a series of contracts, and it does not lose its internation-

al character merely because one contract or a series of contracts is

to be performed entirely within the territory of the same State.

Article 2

1. This Convention applies to carriage performed by the State

or by legally constituted public bodies provided it falls within the

conditions laid down in Article 1.

Canadian Manual of International Air Carriage

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